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HomeMy WebLinkAboutminutes.council.19771212Regular Meeting Aspen City Council December 12, 1977 Mayor Standley call the joint meeting together at 4:10 p.m. with Councilmembers Johnston, Wishart, Parry, Behrendt, Hershey, and Commissioners Child, Edwards, and Kinsley present. 1. A-95 Review: Economic Development Planning. Mayor Standley reminded the Boards that this application has been reviewed and tabled twice. Tom Glass, the new director Economic of region 12 COG, called and told Mayor Standley that even though this is a scam, he would Development ask the Council and Commissioners to endorse it because Glass can get money to pass Planning back through to Pitkin County. Mayor Standley stated for that value, it is good to go along with it. Mayor Standley said that both he and Glass felt Brian Stafford's recomm- endations were right on. Councilwoman Johnston moved to approve the grant application with favorable recommenda- tion; seconded by Councilman Parry. All in favor, motion carried. 2. Air Pollution Emissions Inventory. Tom Dunlop, Environmental Health Officer~ told Council and the Commissioners he had done an inventory defining and identifying all the Air Pollution contributing sources of pollution in Aspen. This was funded by a federal grant and is Emmissions part of a three phase pro3ect. The second phase is modeling, which is taking the infor- Inventory marion and determining what effect new pollution generating sources will have on the valley. Dunlop pointed out that the major contributing source, 87 per cent of the air pollution problem is automobiles; fireplace and restaurants contribute 8 per cent. Dunlop told the Boards he had met with the EPA and State Health Department, and they were receptive to the ~eport. This repor~ has to be updated, possibly yearly. Dunlop reported that in 1978 the City would get $25,000 or some portion thereof, from the EPA to do the modelling and developing strategies, possibly to help Council in plans proposed to control the automobile or other sources. Councilwoman Johnston said she thought the report was well done and asked what the average pollutant per day was. Dunlop answered that 38 tons per day of pollution are generated betwee~ the airport and Mountain Valley, mostly in the downtown commercial core area. Dunlop said the report was developed for 8,000 feet and for Aspen's temperatures; no interpretation was done. Dunlop said the report was broken down into automobiles, light trucks, heavy trucks, motorcycles, and this is incorporated in the emission factor. Councilman Van Ness pointed out that the state came and tested cars here and they are in bad shape. Councilman Van Ness asked if anything could be dbne about this. Dunlop said that only 75 vehicles a week were broken down into local or transient. Dunlop said this report was a total look at all pollutants and define the problem; it is cars in the down- town area. Commissioner Edwards pointed out that emission control on newer cars will not do any good as long as total number of cars keeps increasing. The only ultimate solution will be to control the car. This can be done by controlling parking. Commissioners Edwards suggested extending the malls and getting rid of parking lots. Planner Kane stated that during the peak winter of 1975-6, the peak day there were 21,000 trips across the Castle Creek bridge. Councilman Behrendt asked about buses going to the airport after the Eagle's trade and the bus station is no longer in town. Dunlop pointed out that the City has an ordinance against buses idling for more than 15 minutes. Continental Trail- ways and the charter companies have been put on notice for this. Commissioner Edwards said he would like to see an intercept lot at the airport for all downvalley residents. Mayor Standley said he would like to see the County allow night flights. 3. A-95 Review Energy Extension Service Monitoring Program. County Manager George Ochs said the Federal Government Department of Energy has approved for 10 states an energy program at the state levels whereby people in 10 states, of which Colorado is not included, will develop technology improvements for homes and small businesses, such as solar hot water heaters, weather stripping, storm doors, etc. To accommodate the other 40 states, the Department of Energy has allowed $30,000 for each of the other 40 states so that representatives can attend those 10 states and pick up ideas and disseminate these throughout their states. This was local governments can take advantage of ideas generated. This will be done in Colorado in six cities, three by private firm and three by CSU. Commissioner Child moved to approve the application with favorable comment; seconded by Councilwoman Johnston. All in favor, motion carried. Ochs noted that this is one of the few A-95 reviews he had ever seen that had some information that even began to explain What the grant was about. Ochs said he felt this should appropriately be done at the COG level rather than every County individually. Mayor Standley said the comment is well taken, and he has told COG this several times. 4. Citizen Participation George Parry said he had observed the taxi situation at the airport and had talked to the airport manager. The County had tried to figure a way to resolve things that went on, Taxi situation and thought to leave it in the hands of the airport manage. The situation has not at airport improved. The greatest effect is upon the tourists who arrive in town. Councilman Parry asked the Commissioners to look into this to see if they could resolve the situation. Commissioner Edwards pointed out that there is a real problem in the language of Quick- silver's PUC permit; the language is not clear. The County has written to PUC asking for a clarification of their language. Commissioner Edwards stated as far as the County is concerned, they would just as soon both companies had the same authority. Edwards stated this has been a continuing headache for the County. Every time the County devises a rule' to make things equal, one or the other of the companies tries to bend this to ~heir advantage. Edwards has suggested some revisions to the system, but stated they have not been implemented yet. Dottie Fox, representing the Sierra Club, told the Boards they had found out that the community is not terribly concerned about conserving energy. Ms. Fox stated they had E~ergy gotten the lodging association, condominium association, and Chamber to put cards in Conservation lodge rooms. These will say that Aspen and Pitkin County are saving energy, and will list various things the City and County have done. On the back of the cards it will ask for help by suggesting people use public transportation, turn off-lights, etc. The Sierra Club is working with the clean air commission to see if they want to add anything. Ms. Fox stated it would cost approximately $200 to have these cards printed up. Councilman Wishart moved to approve an appropriation of $200 ($100 each from City and County) for printing of these cards; seconded by Councilwoman Johnston. Councilman Parry asked if the Sierra Club would consider writing a letter to the hospital to ask about turning off some of their lights at night. All in favor, motion carried. COUNCIL MEETING MINUTES Councilman Hershey moved to approve the minutes of the November 14, 16, and 28, 1977, Council meetings; seconded by Councilwoman Johnston. All in favor, motion carried. ACCOUNTS PAYABLE Councilwoman Johnston asked City Manaqer Mahoney and Finance Director Butterbaugh if they were both satisfied that the accounts-are as represented and that the City is not getting into any ~rouble areas. Ms. Butterbaugh answered the City is in good shape. Mahoney said the City is in good financial condition. Aspen u1Ly ~ouncll December 12, 1977 Councilman Parry moved to approve the accounts payable for November; seconded by Council woman Johnston. Councilman Hershey asked about item 981, communications center, $833 unauthorized. Ms. Butterbaugh explained this was related to the Red Mountain repeater site. It went out as an order from the general contractor before it came through the City's purchase order system. All in favor, motion carried. CITIZEN PARTICIPATION 1. Beau Washington, regional planner on the Governor's Council for handicapped persons for this area, told Council that handicapped persons have the same feelings and desires as able bodied people. Physical barriers prevent handicapped people from entering the Parking places mainstream of the community and possibly ham~er their right to freedom of choice and for handicapped social acceptance. The handicapped persons need to see themselves as free as possible. Washington asked Council to help handicapped flow into the mainstream. Washington pointed out that everyone is aware of the parking problem and asked for four parking places for the handicapped; in front of Le Cabaret, Andre's Lift IA, and Mill Street Station. These parking places will partially guarantee the handicapped p~rsons places to park. This could be done either with license plated issued by the State or dated permits from the City. There should be enforcement with stiff fines or towing from these places. The way the parking is set up now is discriminatory. Handicapped persons can obtain mall permits to park on the bricks. Washington said the mall area needs to be kept as free of ice as possible. Washington snow and ice removal should be controlled for handicapped and able bodied people as well to keep injuries to a minimum. Washington stated that the mall may be in violation of Federal Highway Safety Code 23-402(f) which states that reason, able access for the handicapped with ramps, and sloped crosswalks. Mayor Standley said the parking question is within the purview of the City Manager. 2. Steve Naumberg told Council he was in support of Washington and suggested that some of the taxi stands might be used for parking. 3. Ellen Anderson, representing the Pitkin County Clean Air Advisory Board, extended an invitation to Council for a special meeting Tuesday, December 13 at 7 p.m. This session is to discuss possible recommendations to make to the Commissioners if and when there is Pitkin County an air alert. The Board has also invited the Sheriff's office, Police department and Clean Air Commissioners. Advisory Board 4. Ramona Markalunas was present to reinforce Washington's statement, not only on parking place but in cleaning of the ice from the mall. Mrs. Markalunas said that winter is a particularly difficult time for handicapped people and older people as well. The City Snc~ and Ice should make a special effort throughout the winter to keep the mall cleaned. Many ~eople Removal in are housebound through the winter primarily becuase of the Oonditions of City sidewalks mall and mall area. 5. Jane Jenkins, legislative chairman for the League of~ Women Voters, told Council they would like to see to help for the handicapped happen in Aspen. The LWV will make more show of local concerns and focus there, rather than state and national concerns. COUNCILMEMBER COMMENTS 1. Councilman Wishart said there is a storm drainage settling pond by the sewer plant that has on occasion been shoveled off and used as an ice skating rink. Councilman Wishart said he would like to have the staff investigate this as a free ice skating rink. The Ice rink at City could also consider building a warming shelter with a fire. Councilman Wishart said settling pond he felt the City could do this for minimum money. 2. Councilman Behrendt said he was concerned that a lot of the density being seen, such as at the Floradora, is greater tha~ what the Council really wanted to see. These build- ings were built under laws the Council put through. Councilman Behrendt asked if Council were interested in reviewing the allowable footages that might occur in the future. Density- allowable square Mayor Standley said the P & Z was working on this. City Attorney Nuttall said the P & Z is reviewing just residential, and this will not hit on the problem. Mayor Standley footages told Mahoney to ask the planning office to review the FARs to include commercial facilities as well. 3. Councilman Parry brought up the possibility of putting taxi stands at each end of Hyman street mall so people in town can get a taxi to carry them outside. At the east end Taxis stands of Hyman, some of the loading zone spaces could be turned into taxi stands; on the west in town end, some of the parking spaces could be used as taxi stands. Mayor Standley suggested leasing this to the taxi companies and letting them bid on it. City Manager Mahoney told Council that the buses from ARI will be coming into town, rather than to the airport, which does not have the facilities. The passengers will be dropped at Rubey park. In order to accommodate the buses, there will be signed two. spots on Mill and on Galena to each taxi company. Mahoney said he felt Councilman Parry had a good idea. Councilman Parry pointed out this might help people in town in the evenings get out of town. 4. Councilman Hershey said he understood a transportation committee was started with respect to combining the bus service of the City, County and the two mountains. Mahoney answered they had started meeting, but had only discussed the ARI bus issue. Mahoney Transportation said he would put this issue on the agenda for the first meeting in the new year. ~ttee 5. Councilwoman Johnston said'she had been considering Aspen, where we are going and what we need. Councilwoman Johnston said she had a sense that a resort community needs Town Dirty accommodations, and good service for tourists. Councilwoman Johnston said she thinks the town needs cleanliness, and has a problem with how filthy this town is getting. The problem is with the streets and the dirty cinders on them. Councilwoman Johnston said she Regular Meeting n~= ..... ~ ........ felt the City has to determine to spend money to do something about this. The options are (1) ban all cars from the core area. (2) clean up after each storm, maybe this is a shovelling problem, (3) not put cinders oD. the street except Main street, and (4) use melt-away that does not hurt the pavement. The City cannot let this go any longer. The City has got to make a good impression. Everyone on Council agreed this is a problem. 6. Councilwoman Johnston said she did not think the City was Christmas-y enough. At night, one cannot see the banners that are hung under the lights. This may be an Christmas engineering thing, perhaps all that is needed is something that reflects. Councilwoman Decorations Johnston said she felt the City needed to do a little bit more. Mahoney told Council that the City had evergreen garlands for the front of City hall, and the City will put sparkle lights up in Paepcke Park. Last year the lights got too vandalized in the mall. 7. Councilman Van Ness commented he was -~d that liquor licenses were not restricted. LIQUOR LICENSE RENEWALS Liquor license Tom Dunlop, Sanitarian, recommended conditional approval on Berkely/Aspen, Home Plate, renewals - Hotel Jerome, Shaft, Mother Lodge, Paragon, and Plum Tree Inn. Councilman Behrendt pointed out that the Council was attempting to attach conditions of use change to approval of Berkeley transfers of liquor licenses and asked of the renewals could be conditioned so.is City not Home Plate, Jerome, Shaf't, Attorney Nuttall said she would be uncomforable with this legally, although it Mother Lode, impossible. Mayor Standley said the Council should ask Dunlop, when he is going around doing inspections, to give Council a list of existing uses and then these can be checked. Paragon, Plum Tree Councilman Wisb~rt moved to approve the renewals for Little Nell's Wienerstube, Uncle Willy's, Guido's, Pablo's, Copper K~ttle, Eagle's Carl's Pharmacy, Plnocchio's, Golden Little Nell, Barrel, Golden Horm, Johnson's Temptations, Andre's, and Captain's Anchorage without Wienerstube condition; seconded by Councilwoman Johnston. Councilman Hershey eliminated himself ' from voting on Johnson's as they are a client. All in favor, motion carried. Uncle Willys Guido's, Councilman Parry moved to approve the renewals for Berkely/Aspen, Home Plate, Hotel satisfactorily Pablo's, Copper Kettl!e Jerome, Mother Lodge, Paragon, Plum Tree Inn, conditioned upon approval of Eagle's, Carlls completing the health inspection; seconded by Councilman Van Ness. All in favor, motion carried. Pinocchio's Golden Barre!l REQUEST TO EXPAND PREMISES Andre's Golden Horn Andre's, Mayor Standley pointed out to the Council that this has been extended for at least one Johnson's, Anchorage year. Councilman Parry moved to approve the 18-E for Andre's;seconded by Councilman Hershey. Andre's All in favor, motion carried. extension SCULPTURE AT JEROME GALLERY City Attorney Nuttall told Council she would write a letter of encroachment with the three standard requests, for indemnification, insurance, and remove at the City's Sculpture at request. Jerome Councilman Behrendt moved to approve putting sculpture on the Mill street side of the Hotel Jerome with the standard three conditions; seconded by Councilman Parry. All ~n favor, motion carried. APPOINTMENTS TO BOARDS AND COMMISSIONS HPC and Board of Appeals Council asked Ms. Nuttall what the status of the building permit by Gaard Moses ~as. Ms. Nuttall answered that this is not resclved at this point. Ms. Nuttall said she anticipated the City will have to file a law suit; the City and Moses will be adversaries- Mayor Standley opened the floor to nominations. Board of Councilman Hershey moved to nominate Susan Hoban to ~he Board of Appeals and Examiners; Appeals seconded by Councilman Behrendt. All in favor, motion carried. Ms. Hoban Councilwoman Johnston moved to appoint Jon Sei~le to the HPC as a full member; seconded HPC - by Councilman wishar~. All in favor, mction carried. Jon Seigle Gaard Moses Councilman Parry moved to appoint Gaard Moses to the HPC; seconded by Councilman Hershey. Councilwoman Johnston stated that if there is someone who is under investigation for an illegal thing ~n the City, she believes that the City has the obligation to keep the Boards at the best caliber that can be found. It is not fair to the citizens to have someone on a Board who is not following the City's code. Councilman wishart said the point is well taken, but that is presuming Moses is guilty. The Council can remo~e Moses if he is found guilty. All in favor, with the exception of Councilmembers Johnston and Behrendt. Motion carried. F~NAL SUBDIVISION APPROVAL - Cooper Avenue · ' . old Council this is the final plat for the Cooper 'Avenue Final apartments, located on East Cooper nea~ ~= ..... ~ ' Ms. Smith, planning office, t - ~ ~=~in~ Fork river on the north s~de of ~he Subdivision ' .' ' torian building with 4 two-bedroom and one studio un~ts. Cooper Ave. street. Th~s is an existed? ¥1c .... h~ sev conditions, most of which Victorians The P & Z approved the pre£1mlnary plat and auu~u ..... eral ~-~' were technical engineering matters. The engineering department reviewed the survey and these have been taken care of with the exception of the condition of 8 parking spaces located in the rear of the building. Ms. Smith pointed ou~ that it is not possible to get th~s. City Engineer Ellis recommends that this be dropped to 7, feeling that the extra parking space would encroach i~'the side yard or alley. December 12, 1977 Ms. Smith told Council that the subdivision improvement agreement looked fine with the exception of a request to insert joining a special improvement district, especially for streets, curbs and gutters. The planning office is requesting the 90 day right of first refusal be incorporated as should the condition of six month minimum lease. Ms. Smith informed the Council that the subdivision agreement did include a provision that the future owners will agree ko join any district established for undergrounding of utilities Ms. Smith pointed out that with respect to condominiumization policy, which is up for public hearing later, this application will comply as three out of the five existing tenants have agreed to purchase the units. Mayor Standley asked about the purchase price. Gideon Kaufman, representing the Schiffs, told Council he provided the price to show that this complied with condominiumization policy. There are only three units being offered for sale; all three are b~ing purchased for $60,000 plus 10 per cent of the price of condominiumization. The Schiffs will retain one unit to live in themselves. The other is a small studio. Councilman Behrendt moved to approve the final subdivision subject to the two conditions requested by the planning department and the compliance with the condominiumization PolicYi~ right of first refusal and six month lease minimum; seconded by Councilman Wishart. All in favor, motion carried. TRANSFER OF LIQUOR LICENSE - Aspen Inn Club Aspen Inn Club Barry Edwards, representing Daniel Wardwell, told Council that he and the City Clerk had Transfer of been over the tapes of the January 10, February 14 and 28 Council meetings with regards license to this transfer. At the January 10 meeting it was moved to approve the renewal and the 404-A transferring the stock to Wardwell. Then City Attorney Stuller asked that it be checked out that the 404-A was appropriate. At this point, the 404-A got shelved and nothing happened. Councilman Parry moved to approve the stock transfer of the Aspen Inn Club to Daniel Wardwell; seconded by Councilman Van Ness. Mayor Standley asked if the kitchen had been taken care of. Edwards answered that before the Inn Club opens, prior to January 18 when the license expires, they will install a kitchen to become operative and to include the approval from Dotson and Tom Dunlop. All in favor, motion carried. PUB LEASE Art Daily, representing the Pub, told Council their lease expires April 30, 1978, and the Pub would like to have an extension. The Pub, as a business, has to Plan ahead at least Pub Lease - one season. City Manager Mahoney told Council he had discussed this, and until the City kno~s what the Wheeler Opera House is going to do, the staff would recommend a six month Wheeler Opera lease with six month renewal option. Daily pointed out that the Pub would like to extend House the lease as long as possible. The City is not certain when they will accomplish the remodelling. The Pub would like a minimum year's extension. The Swales lease on the upstairs does not expire until 1981. Finance Director Butterbaugh told Council the Pub was paying $625 per month. This was reviewed last year and is competitive for basement space. Mahoney Rtated the City would like to maintain all their options. Mayor Standley said the policy decision was to have all the leases expire at the same time and then have them on a month to month basis. Mayor Standley said something may happen as early as January 1979. Councilman Wishart said he had no problem with a year extension, that nothing will happen in the next year. Councilman Wishart pointed out that the Pub needed this securityi as businessmen. Mayor Standley said the City needed to have total planning flexSbility when they need it. The Council should let the Pub lease through December 31, 1978 with the City option to renew assuming the City doesn't have anything going. The Pub will have 5 or 6 months lead time to know what the City is planning to do. Councilman Hershey moved to renew the Pub's lease to the first of the year 1979 with an option to renew period not to excee~ six months, option to be of the City; seconded by Councilman Behrendt. Councilman Van Ness said he felt so~e sort of notice is required in the lease. Councilman Hershey suggested a 60 day notice. Councilman Van Ness pointed out that this space cannot be compared with other commercial Spaces in town because of the condition it is in. All in favor, motion carried. ORDINANCE 953, SERIES OF 1977 Condominiumization Policy Mayor Standley opened the public hearing. Gideon Kaufman told Council he had spent many Ord. 53 months going over this whOle idea and had some suggestions. Kaufman stated this would Condo Policy give tenants an opportunity not contemplated in the contract; when their tenancy is up, they should no longer have the right of first refusal. Planner Kane said he would leave the ordinance the way it is. Kaufman asked then to add to Sec. 20-22(a) '~non-assignable" option to purchase. Council agreed with this. Kau~man brought up (c) (3) tenants are provided at least 180 days to locate other housing. Mayor Standley answered this was in the ordinance so that people won't be out of housing in the middle of the season. Kaufman pointed out (b) that all units are restricted to six month minimum leases, The intention for this was for low and moderate income housing. Kaufman said some very expensive duplexes are geared to short term rentals, and he would like provisions to get around this clause, if possible. ~ayor Standley said his attitude the more units that can be kept off the tourist market, the better. The intention of the growth management plan is to limit tourist acco~odations. Kaufman said in section (c) it states, the applicant shall demonstrate that approval will not reduce the supply of low and moderate income housing. Such demonstration shall be made at the time of conceptual plan submission. Kaufman pointed out that duplexes do not go through conceptual plan submission; most duplexes are here because of owner selling one or both units. Ms. Smith, planning office, suggested this could be handled by Condo changing the words to "at the time of initial consideration by P&Z." Policy Kaufman told Council that in the whole overview of condominiumization policy, there is an over-charge in park dedication fees. Kaufman said the formula should be changed. The park dedication fee does not work because is it prejudiced against people with small lots. Kaufman said he would like to address Council about this at the next meeting. For the record, Ms. Smith submitted the following items; the Council started consideration of this in March 1977; Goodheim's, then housing officer, presented report to Council at their l~arch 14, 1977, meeting; planning office memorandum dated ~arch 23, 1977, on duplex condominiumization; letter from Oates, Austin, McGrath & Jordan dated March 23, also on condominiumization; Goodheim's reconu~endations regarding multi-family condominiumization policy for P & Z in July 1977. Mayor Standley closed the public hearing. Councilwoman Johnston moved to read Ordinance %53, Series of 1977, as amended; seconded by Councilman Behrendt. All in favcr, motion carried. ORDINANCE a53 (Series of 1977) AN ORDINANCE A~ENDING CHAPTER 20 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN BY THE ADDITION OF A NEW SECTION 20-22 WHICH SECTION IMPOSES THE FOLLOWING REQUIREMENTS WHEN APPLICATION IS MADE FOR SUBDIVISION OF A TRACT OF LAND TO BE USED FOR CONDOMINIUMS: (1) EXISTING TENANTS MUST BE GIVEN 90-DAY EXCLUSIVE NON-ASSIGNABLE RIGHT OF FIRST REFUSAL TO PURCHASE THEIR UNITS; (2) ALL UNITS MUST BE RESTRICTED TO SIX (6) MONTH MINIMUM LEASES; AND (3) THE APPLICANT MUST DEMONSTRATE THAT APPROVAL WILL NOT REDUCE THE SUPPLY OF LOW AND MODERATE INCOME HOUSING was read by the city clerk Councilwoman Johnston moved to adopt Ordinance %53, Series of 1977, as amended on second reading; seconded by Councilman Behrendt. . Roll call vote; Councilmembers Johnston, aye; Wishart, aye; Van Ness, aye; Parry, aye; Behrendt, aye; Hershey, aye; Mayor Standley, aye. Motion carried. ORDINANCE ~58, SERIES OF 1977 - C-1 Conditional Use Mayor Standley opened the public hearing. Planner Kane told Council that the planning office felt that in C-l, there was basis for this amendment as there are similar uses Ord. 58 in the C-1 whereby the primary function is not a full restaurant to be competitive with C-1 condi- the CC. The findings of the P & Z were that a coffee shop would provide services for tional use/ local residents. It was also pointed ou~ that ~his is a use that canno~ compete in the coffee shop CC district; the C-1 district should encompass those kinds of uses. Mayor Standley closed the public hearing. Councilman Behrendt moved to read Ordinance ~58, Series of 1977; seconded by Councilman Hershey. All in favor, motion carried. ORDINANCE %58 (Series of 1977) AN ORDINANCE AMENDING SEC. 24-3.2 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN ADDING AS A CONDITIONAL USE IN THE C-1 DISTRICT, CERTAIN LIMITED FOOD SERVICES was read by the city clerk Councilwoman Johnston moved to adopt Ordinance ~58, Series of 1977, on second reading; seconded by Councilman Wishart. Roll call vote; Councilmembers Parry, nay; Behrendt, aye; Hershey, aye; Van Ness, aye; Wishart, aye; Johnston, aye; Mayor Standley, aye. Motion carried. ORDINANCE %61, SERIES OF 1977 - Vehicle leases Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed Ord. 61 the public hearing. Vehicle leases Councilman Hershey moved to read Ordinance ~61, Series of 1977; seconded by Councilwoman Johnston. All in favor, motion carried. ORDINANCE ~61 (Series of 1977) AN ORDINANCE APPROVING THE TERMS AND CONDITIONS OF THREE VEHICLES LEASING AGREEMENTS BETWEEN THE CITY OF ASPEN AND FRONTIER CHEVROLET SALES; THE CITY OF ASPEN AND KELLY CHEVROLET-CADILLAC, INC., AND THE CITY OF ASPEN AND DICK WHEELER, INC. was read by the city clerk Councilman Behrend~ moved ~o adopt Ordinance %61, Series of 1977, on second reading; seconded by Councilman Van Ness. Roll call vote; Councilmembers Hershey, aye; Behrendt, aye; Parry, aye; Van Ness, aye; Wishart, nay; Johnston, aye; Mayor Standley, aye. Motion carried. BOR-ISELIN PARK Mayor Standley said the City had put in a grant request for BOR funds to purchase 8 acres of land from Jim Moore out by Iselin pool for additional recreational facilities. Ted Armstrong was told that $160,000 would not fly, so the grant request Was for $100,000. The land is still $40,000 an acres. Since that time, Jim Moore would like to donate an acre to the~City, which wOuld make a net purchase of 7 acres. This was submitted to the BOR-Iselin BOR and asked if the City could put in the land donation as the matching granto The Pa~k/grant reading from %he BOR is that they will allow this. Armstrong add Jenifer Carr are con- to acquire tinuing to negotiate with the BOR and Moore. The City has not set money aside. The BOR approved the grant for $100,000 but has not funded it. The total price will be $320,000; $180,000 from the City; $100,000 from BOR, and $40,000 donation from Moore. Finance Director BUtterbaugh asked about an appraisal on the property. Planner Kane told Council in his opinion, this is an astronomical price. The County is spending $5,000 an acre for the North Star Ranch. Mayor Standley agreed it is too high. Mahoney explained that Moore had told Armstrong that the $40,000 price is not negotiable, However, he Will give an acre to the City, which will be a reduction of $5,000 per acre. Mayor Standley said this is just an up-date, and the City is far away from a deal. ASPEN MOUNTAIN BUILDING Mayor Standley told Council this concerned the property between the North of Nell and the Centre, that a building was being designed and presented to HPC. Mayor Standley said he ~AspenMountain asked this be on the agenda to see if anybody shared his concern ~hat this Hunter !!Building extension is the last visual contact with Aspen Mountain and he did not want to see any- !iproposal thing built on it. Don Horowitz and Chuck Brandt came in and discussed it; they would like to show the building to Council, discuss what they are attempting to do and what the option are. Chuck Brandt told Council they had withdrawn from HPC waiting to see the outcome of this meeting. Planner Kane noted that the land in question has had a confused history. This is at the end of vacated Hunter street, is an old right-6f-way 75 feet in width. This land was believed to belong to the Ski Corp. There is a conveyance of 30 feet for a water easementl to the City of Aspen for the well and pump house to the water tank on Aspen mountain. Don HorowitZ has gone back and found the land was still in the title to DRG&W. The DR~&W has granted Horowitz a quick claim deed. In April ~975 the land was zoned C, conservation, which would allow 1 dwelling on 10 acres. It is still zoned conservation. Stan Johnson, owner of some of the land, contested it. The point of the planning office was that the land was so thoroughly encumbered with easements that it did not have development value. It was desirable that this land remain as open space. Kane said the planning office has been assuming through the process that Horowitz could produce a clear title to 10,000 square feet. The planning office feels that the highest and best use for this land is open space. Kane noted things to be considered by Council; a report from the staff as to the prospectsi of title, alternative funding sources if purchased. Kane told Council that itfor might guarantee be appropriate to focus the discussion to a building or non-building on the site.! Kane showed Council the right-of-way easement, the pump house, and the easement for the transformer. Kane told Council there was an application made for rezoning of the area, but it did'not 'specif~ zoninq. The response of P & Z was to see a specific plan for the site. Chuck Brandt told. Council they had asked P & Z to hold up on the SPA so that they could come in with an SPA master plan. As they were putting this master plan together, the administrative delay came along. The architect proceeded to devise drawings and go under the GMP ordinance and go to HPC. Brandt said they had tried to do this under the 1977 allocations, but realistically it will be in the 1978 allocation. Brandt said they would present the building to Council, with the alternative of acquisition of the property. If Council does not like the structure, they can buy the property. Brandt outlined the sale proposal; Horowitz's contractual rights to buy the Stan Johnson piece of land at $75,000 plus costs, would simply be assigned to the City. The additionalI piece of property which Horowitz has fee-simple title to, 37% feet by 150 feet, would be conveyed to the City at roughly half the square footage price of the Johnson's price. The Johnston piece computes at roughly $27 a square foot. This has the condition that tax~ consequences works out for Horowitz. Brandt told Council that the Ski Corporation has an interest in this, they would like to restrict Horowitz's conveyance to the City to the piece that is contiguous to the Johnson piece for ticket lines, skier maze areas. The round figures for the total price is roughly $150,000. Rorowitz told Council his primary interest is a building. Michael Gassman has designed this building purposefully for the site. Horowitz said the price of the Johnston property is the price he would have to pay if he exercised his option. He has incurred certain expenses. Horowitz would give the City his option at his cost. The other piece of property that Horowitz owns, he has made certain agreement with the Ski Corp. If Horowitz puts his building up, the Ski Corp can put the ticket office in there for 1200 square feet. Rorowitz reiterated he would give the city half of his property such to his tax counsel agreeing to this. Rorowitz said he felt the building would greatly enhance the area.and has a definite purpose. Rorowitz said he would be willing to work with the City in different ways if their choice is to purchase the property. Horowitz said the only con- tingency he would have to make, if the City chose to purchse, is to protect the Ski Corp. The area on the mountain the Ski Corp wants to remain the way it is, to have ski corrals, the racks, etc. Kane told Council there are a lot of very complicated legal questions with respect to the City's right to use the easement. Kane said Council could benefit from very careful thought on this from the City Attorney. Michael Gassman presented a model of the proposed building. Gassman said the Council has an opportunity that doesn't usually come up when open space is being considered. In this instance, Council can choose whether they want a specific building or not building. Gassman said there is a difference between the way people view open space in a rural area and the way it is viewed in an urban area. This site has never had trails and elk. It is not that kind of open space. It has more to do with visual impacts and appearances. n~F~ u~y uouncl£ December 12, 1977 Gassman showed details of the proposed building, parts of it designed with cortron steel. There will be a ticket office fO~ the Ski Corp on one level. The intent of the design Aspen Mt. is to facilitate traffic from Durant to Little Nell, to improve the access. There will Building be wide steps going up about six feet to pUt people on the same level as the bottom of ~. ~contd. Little Nell. On the top will be a restaurant. There is some commercial space in the front and along the side. Below this there will be rental lockers for the storage of skiis. Gassman pointed out the deck on top could be served from the restaurant. Gassman told Council that the highest point on the building is at the heighth of the existing railing of the Centre. Gassman stated there is no view plane in the area; in developing the building they did take sort of an average of view planes that have been developed. Gassman told Council that about one and a half years ago, he met with Jim Markalunas and Dave Ellis to assess the feasibility of doing something with the pump house. It was agreed informally that there was no problem moving the pump house. It would go down in the basement of the building. Gassman said he felt this building does some positive things which are of benefit to the public. Gassman pointed out that 100 per cent of the site is usable open space after the building is built; there isn't any part of the site that you can't walk on or sit on. The building improves the access and circulation beyond what is presently there. Presently there is about 12 feet in total width of steps; this would replace it with about 55 feet. The location of the ticket office would be a~lot better than it is now. The building would improve the appearance of the mountain from town, and would get rid of the pump house, and would get rid of the retaining wall. Gassman said he felt the building would turn out a kind of focus to downtown that it does not have now. Gassman said this Would become a very attractive gathering place. This would also improve the drainage. Mayor Standley said the building was super, but felt the perspective was not right. Realistically the building is in the wrong place. There is continued increase in activity at this site every year. Mayor Standley said he felt the whole area could be master planned as SPA. Mayor Standley demonstrated On the model how all the buildings could be moved east and re-grouped. This wo~ld preserve the open space and get rid of some of the trash at the bottom of the mountain, and the buildings would be directed towards serving Aspen and the ski area. Kane told Council there are time constraints from the GMP deadlines, December 15 and February 1st. Kane said he felt Council should rely on the staff to come back with the title investigation, scrutinization of the offer, an appraisal, talking to the Ski Corp and contributions from neighbors. There should be a definitive answer before February 1st deadline. Brandt told Council the option on the Johnson property expires April 1. Horowitz reminded Council that the Ski Corporation is contributing through him; he will sell the City his property as half the price of the Johnson property. Basically the Ski Corp wants this left as open space. Councilman Wishart said he could not give expression of his feelings until the Council finds out the possibility of all options, the legal ramifications, and the position of the planning department. Councilman Hershey said his expression was to keep this as open space. Councilwoman Johnston said she would like to see what the staff comes up with. Her first inclination is for open space. Councilman Van Ness said he saw it as open space; he would like the staff to determine exactly what the City's rights are as far as easements, etc. Councilman Behrendt said he would like to hear from the staff. Councilman Parry said he would go along with the building. Mayor Standley stated he was definitely in favor of open space. MAYOR'S DEED SAUNDERS Councilwoman Johnston moved to authorize Mayor Standley to sign the M~yor's Deed for Mayor's Deed Lots H and I, Block 56, City and Townsite of Aspen; seconded by Councilman Van Ness. Sau~ders All in favor, motion carried. RESOLUTION ~17, SERIES OF 1977 ' Budget Transfer Councilman Parry moved to read Resolution 917, Series of 1977; seconded by Councilman ~es.17,1977 ~. Van Ness. All in favor, motion carried. Mayor Standley pointed out that Triangle Park Budget was supposed to cost $13,000. Ms. Butterbaugh answered that the Council had appropriated Transfer up to $20,000. The City spend quite a little time on equipment. RESOLUTION #17 (Series of 1977) Pursuant to Sec 9.12(d) of the Home Rule Charter of the City of Aspen and upon request of the City Manager, the excess appropriated land acquisition budget of $38,361 is hereby transferred within the land fund as follows: Debt Service - 1972 Sales Tax Revenue Bonds $ 313 Debt Service - 1973 Sales Tax Revenue Bonds 18,048 Triangle Park Improvements 20,000 Councilman Parry moved to adopt Resolution #17, Series of 1977; seconded by Councilman Behrendt. All in favor, motion carried. RESOLUTION #18, SERIES OF 1977 - Sixth Penny Revenues for Rio Grande Indebtedness Res.18,1977, Councilman Van Ness moved to read R~solution #18, Series of 1977; seconded by Councilman Sixth Penny Parry. All in favor, motion carried. for Ri~ Grande RESOLUTION Indebtedness (Series of 1977) WHEREAS, the indebtedness incurred by the purchase of the Rio Grande Property is currently being paid with revenues received pursuant to Ordinance 15-@, Series of 1972 (7th Penny); and ~__~ul~_r Meeting_ Aspen City Council WHEREAS, Ordinance 16, Series of 1970 (6th Penny), provides for sales tax revenues to be expended for land acquisition and for payment of indebted- ness incurred for land acquisition; and - WHEREAS, subject to the terms and conditions of Ordinance 16, Series of 1970, the indebtedness incurred in the purchase of the Rio Grande Property may be paid with 6th penny revenues; and WHEREAS, the City Council of the City of Aspen wishes to authorize ~ the Director of Finance to use 6th penny revenues to partially pay for the Rio Grande indebtedness, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the Director of Finance of the City of Aspen may, subject to all legal requirements utilize 6th penny revenues to pay for 50 per cent of the yearly indebtedness incurred as a result of the purchase of the Rio Grande Property. Councilman Van Ness moved to adopt Resolution 918, Series of 1977~ seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~62, SERIES OF 1977 - Appropriations Ms. Butterbaugh told Council that the finance department estimates that the City will be down $128,000 in total anticiated revenues. There will be a net impact decrease of Ord. 62 $137,000. The City will have to pull on last year's unappropriated revenues in the Appropriations amount of $171,000. In the 6th and 7th penny they anticipate surpluses of S73,000, to leave the City down net $74,000. Ms. Butterbaugh said she felt the department heads had done a good job to keep below the budget. Councilman Behrendt moved to read Ordinance #62, Series of 1977; seconded by Councilman Wishart. All in favor, motion carried. ORDINANCE #62 (Series of 1977) AN ORDINANCE REDUCING PRIOR APPROPRIATIONS OF ANTICIPATED SALES TAX REVENUES TO THE GENERAL FUND OF $352,492.00, TO THE LAND FUND OF $165,548; TO THE TRANSPORTATION FUND OF $165,548: AND MAKING SUPPLEMENTAL APPROPRIATIONS TO THE GENERAL FUND OF THE AMOUNT OF $432,433, TO CAPITAL PROJECTS-ELECTRICAL UNDERGROUNDING IN THE AMOUNT OF $12,000, TO THE LAND FUND IN THE AMOUNT OF $60,000, TO THE CAPITAL PROJECTS FUND-MALL IN THE AMOUNT OF $16,5000. TO THE TRANSPORTATION FUND IN THE AMOUNT OF $159,160, TO TRUST AND AGENCY FUNDS ~ IN THE AMOUNT OF $111,716 AND TO THE DEBT SERVICE FUNDS IN THE AMOUNT OF ~ $18,361; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT · was read by the city clerk. Councilman Wishart moved to adopt Ordinance ~62, Series of 1977, on first reading; seconded by Councilman Van Ness. Roll call vote; Councilmembers Van Ness, aye; Parry, aye; Behrendt, aye; Hershey, aye; Wishart, aye; Johnston, aye; Mayor Standley, aye. Motion carried. Councilman Wishart moved to adjourn at 8:07 p.m.; seconded by Councilman Van Ness. All in favor, motion carried. 'Kathryn ~. Haut~r, City Clerk Regular Meeting Aspen City Council December 19, 1977 Mayor Pro Tem Behrendt called the meeting to order at 5:15 p.m. with Councilmembers Hershey, Parry, Wishart, and Johnston, and City Manager Mahoney present. MINUTES Councilman Hershey moved to approve the minutes of November 29 as submitted; seconded by Councilman Wishart. All in favor, motion carried. CITIZEN PARTICIPATION 1. John Doveas, former Chief of Police, make a recommendation to Council regarding the police chief that he thought would save money and solve the problems. Doveas said the Council should think seriously about considering Sheriff Dick Kienast, as they are Chief of Police/ going to eventually consolidate the two operations. This should save dollar value at Sheriff between $20-60,000. Dovaeas urged the Council to think about this. Consolidation COUNCILMEMBER COMMENTS 1. Councilwoman Johnston requested against an inventory of motorized vehicles and Vehicle the'departments they are assigned to. Inventory 2. Councilman Hershey said he wanted to be sure that the mall is going to be taken care of. City Manager Mahoney said they were going to try a number of different things Mall to remove the snow and ice, like white §and, sno-melt. The Parks Department is working Maintenance on it.